Экзамен зачет учебный год 2023 / SummaryIntegral
.PDFSynposis Tables
Land Registration
Country |
Official name of the land register |
Separate cadaster |
Registration of rights |
Effect of registration |
Bona fides |
Rank |
Registration procedure |
Electronic registration |
|
court system/adminstrative body |
|
or of documents |
(constittutive/opposability) |
(protection of good faith) |
Priority Notice |
|
Access to information |
|
education of officials |
|
Personal or realfolium |
|
|
|
||
|
|
|
|
|
|
|
||
|
statutory basis |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Austria |
Grundbuch, |
separate cadaster |
registration of rights |
constitutive |
protection of bona fides |
registration determines rank |
certificate of signature |
electronic registration |
|
local court, |
|
realfolium |
|
|
|
(for registration only) |
public access (§ 7 GBG) |
|
kept by court clerks, |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
GBG = Allgemeines Grundbuchsgesetz |
|
|
|
|
|
|
|
|
1955 (Land register Act) |
|
|
|
|
|
|
|
|
www.justiz.gv.at/grundbuch |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Belgium |
conservation des hypothèques |
separate cadaster |
registration of documents |
opposability |
some protection of bona fides |
filing determines rank |
authentic act (for registration |
electronic registration |
|
administrative body (under Finance Ministry) |
|
personalfolium |
|
(art. 1328 CC) |
|
only) (art. 2 LH) |
limited access |
|
kept by civil servant (conservateur des |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
hypothèques) |
|
|
|
|
|
|
|
|
LH = Loi des hypothèques -Mortgage Act |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Czech Republik |
katastru nemovitostí |
land register is part of |
registration of rights |
constitutive |
|
registration determines rank |
|
electronic registration |
|
administrative body |
cadaster |
realfolium |
(for mortgages: § 157 CC) |
|
|
|
public access (§ 21 CA) |
|
Cadaster Act 344/1992 (CA) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
www.nahlizenidokatastru.cz |
|
|
|
|
|
|
|
|
additional mortgage register kept by the |
|
|
|
|
|
|
|
|
Czech Chamber of Notaries |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Denmark |
tinglysningskontoret, |
separate cadaster |
registration of rights |
opposabilty (§ 1 TL) |
presumption of right |
|
certification of signature or |
electronic registration |
|
local court, |
|
realfolium |
|
(§ 10 TL) |
|
witnessed |
public access (§ 40 TB) |
|
kept by court clerks/supervision of judge, |
|
|
|
protection of bona fides |
|
(for registration only) |
|
|
|
|
|
|
|
|||
|
TL = lov om tinglysning 111/1926 (Land |
|
|
|
|
|
|
|
|
|
|
|
(§ 27 TL) |
|
|
|
|
|
register Act) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
England/Wales |
Land Registry, |
no separate cadaster |
registration of rights |
constitutive |
registration is the right |
registration determines rank |
signed and witnessed deed |
electronic registation |
|
independent governmental body, |
|
realfolium |
|
|
|
|
public access |
|
kept by civil servants, |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
LRA = Land Registration Act 2002 |
|
|
|
|
|
|
|
|
www.landreg.gov.uk |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Finland |
lainhuutorekisteri (title register) and |
cadaster and land register |
registration of rights |
opposability |
protection of bona fides |
|
|
electronic registation |
|
kiinnitysrekisteri (mortgage register), |
together form the Land |
realfolium |
|
|
|
|
public access |
|
local court, |
Information System |
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
kept by court clerks/supervision of judge, |
(kiinteistörekisteri) |
|
|
|
|
|
|
|
MK = Code of Real Estate 1996 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
France |
conservation des hypothèques, |
separate cadaster |
registration of documents |
opposability |
no bona fides |
registration determines rank |
authentic act |
electronic registation |
|
administrative body (under Finance Ministry) |
|
personalfolium |
|
|
(art. 30, par. 1, L 55-22) |
|
public access (not for files) |
|
kept by civil servant (conservateur des |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
hypothèques) |
|
|
|
|
|
|
|
|
(L 55-22 and 55-1350) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
in Alsace-Lorrain: “bureau foncier“ |
see above |
registration of rights |
opposability |
presumption of right |
filing determines rank |
see conservation des |
paper regisration (electronic |
|
local court, |
|
realfolium |
|
(art. 41 L 1924) |
(art. 45 L 1924) |
hypothèques |
registration has started) |
|
kept by court clerks/supervision of judge, |
|
|
|
no bona fides |
|
|
public access |
|
(statute of 1924) |
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register
Germany |
Grundbuchamt, |
separate cadaster |
registration of rights |
constitutive (§ 873 BGB) |
presumption of right |
registration determines rank |
certificate of signature (for |
electronic registration almost |
|
local court, |
(Liegenschaftskataster) |
realfolium |
|
(§ 891 BGB) |
(§ 879 BGB) |
registration only) (§ 29 GBO) |
completed |
|
kept by court clerks, controled by judge, |
|
|
|
protection of bona fides |
priority notice (Vormerkung, |
authentic act required for |
legitimate interest required |
|
GBO = Grundbuchordnung (Land register |
|
|
|
||||
|
|
|
|
(§ 892 BGB) |
§ 883 BGB), |
transfer of ownership (§ 20 |
for access (§ 12 GBO) |
|
|
Act) |
|
|
|
||||
|
|
|
|
|
not limited in time |
GBO) |
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
Greece |
Ypothicofilakia |
separate cadaster is being |
registration of documents |
constitutive (art. 1033 CC) |
no bona fides |
registration determines rank |
|
paper registration |
|
local court, |
built up (ktimatologio) |
personalfolium |
|
|
(art. 1206/1207 CC) |
|
public access |
|
art. 1192-1208 Civil Code |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
www.okxe.gr |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rhodes/Kos/Porto Lago on Leros: |
same agency handles the |
registration of rights |
constitutive |
|
|
|
|
|
Austrian/German model introduced |
land register and the |
realfolium |
|
|
|
|
|
|
during Italian government |
cadaster |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Hungary |
földhivatala |
land register is part of |
registration of rights |
constitutive |
protection of bona fides |
registration determines rank |
certification of signature |
electronic registration has |
|
adminstrative body |
cadaster |
realfolium |
|
|
|
(for registration only) |
started |
|
additional mortgage register kept by the |
|
|
|
|
|
|
public access |
|
Hungarian Chamber of Notaries |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ireland |
Registry of Deeds (= old system) |
|
registration of documents |
|
no bona fides |
registration determines rank |
signed and witnessed deed |
electronic registration |
|
Registration of Deeds Act 1707 |
|
personalfolium |
|
|
|
|
public access |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Land Registry (= modern system) |
|
registration of rights |
|
registration is the right |
|
see above |
same as for registry of deeds |
|
(both registers are under common control |
|
realfolium |
|
|
|
|
|
|
of the Registrar of Deeds and Titles) |
|
|
|
|
|
|
|
|
Title Act 1964 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Italy |
registro immobilare, |
cadaster (catasto) and |
registration of documents |
opposability (art. 2644 CC) |
no bona fides |
filing determines rank |
authentic act |
electronic registration |
|
administrative body (under Finance Min.) |
land register together |
personalfolium |
(constitutive for mortgages) |
|
(art. 2678 CC) |
|
public access |
|
|
form the Land Agency |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Agenzie del Territorio) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
in the provinces acquired from Austria |
|
registration of rights |
constitutive |
|
|
authentic act |
see registro immobiliare |
|
after WW I: Grundbuch (tabular system) |
|
realfolium |
|
|
|
(art. 31 L 499/1929) |
|
|
Legge tavolare 499/1929 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Luxembourg |
conservation des hypothèques, |
separate cadaster |
registration of documents |
opposability |
no bona fides |
filing determines rank |
authentic act |
|
|
administrative body (under Finance Ministry) |
|
personalfolium |
|
|
|
|
|
|
kept by civil servant (conservateur des |
|
|
|
|
|
|
|
|
hypothèques) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Netherlands |
Kadaster |
same agency handles the |
registration of rights |
constitutive |
„negative system“, but some |
registration determines rank |
authentic act |
electronic registration |
|
independent governmental body, |
land register and the |
realfolium |
|
protection of bona fides |
|
|
public access (art. 3:16 BW) |
|
kept by civil servants, |
cadaster (art. 6, 7 KW) |
|
|
(art. 3:24-3:26 BW) |
|
|
|
|
|
|
|
|
|
|||
|
KW = Kadasterwet (Cadaster Law) |
|
|
|
|
|
|
|
|
www.kadaster.nl |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Poland |
ksi ga wieczysta |
separate cadaster |
registration of rights |
opposability |
protection of bona fides |
registration determines rank |
|
electronic registration has |
|
local court, |
|
realfolium |
constitutive for mortgages |
(art. 5 ML 1982) |
|
|
started |
|
kept by lawyers/supervision of judge |
|
|
|
|
|
public access (not for files) |
|
|
|
|
|
|
|
|
||
|
ML = Mortgage Law 1982 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Portugal |
Conservatória do Registro Predial, |
|
registration of documents |
opposability (art. 5 CRP) |
presumption of right |
registration determines rank |
|
electronic registration has |
|
part of court system, |
|
personalfolium |
constitutive for mortgages |
(art. 7 CRPre) |
(art. 6 CPRe) |
|
started |
|
kept by lawyers (with specific training |
|
|
|
|
|
|
|
|
|
|
(art. 687 CC – disputed) |
protection of bona fides |
|
|
public access |
|
|
similar to notaries) |
|
|
|
|
|||
|
|
|
|
(art. 17 CRPre, 291 CC) |
|
|
|
|
|
CRP = Código de Registro Predial 224/84 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Land Register Act) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Scotland |
Land Register |
|
registration of rights |
constitutive |
registration is the right |
registration determines rank |
signed and witnessed deed |
electronic registration |
|
Land Registration (Scotland) Act 1979 |
|
realfolium |
|
|
|
|
public access |
|
www.ros.gov.uk |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
old type: “Register of Sasins“ |
|
registration of deeds |
opposability |
|
|
same as for land register |
|
|
Registration Act 1617 |
|
personalfolium |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register
Slovakia |
katastru nemovitostí |
land register is part of |
personalfolium |
constitutive |
|
|
certificate of signature |
electronic registration |
|
administrative body |
cadaster |
|
|
|
|
(for registration only) |
public access |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Slovenia |
zemljiške knjige |
separate cadaster |
realfolium |
constitutive |
|
|
certificate of signature |
electronic registration has |
|
local court, |
|
|
|
|
|
(for registration only) |
started |
|
kept by judges |
|
|
|
|
|
|
public access |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Spain |
Registro de la Propriedad |
separate cadaster |
registration of documents |
opposability |
protection of bona fides |
filing determines rank |
authentic act |
electronic registration |
|
part of court system, |
|
|
(constitutive for mortgages) |
(art. 34 LH) |
|
|
legitimate interest required |
|
kept by lawyers (with specific training |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
for access (art. 607 CC, 221 |
|
|
similar to notaries) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
s. LH) |
|
|
LH = Ley Hypotecaria 1946 (Mortgage |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Law) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sweden |
inskrivningsmyndigheter, |
cadaster and land register |
registration of rights |
opposability |
protection of bona fides |
registration determines rank |
|
electronic registration |
|
local court |
together form the Land |
realfolium |
|
|
|
|
public access |
|
www.lantmateriet.se |
Information System |
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
Real Estate Sales Contract
Country |
Contract Conclusion |
Transfer of Ownership/Registration |
Payment |
Seller’s title |
Warranties |
Adminstrative Permits/Restrictions |
|
- Is there a preliminary contract? |
|
- Is payment made during or after the |
- How is seller’s title ascertained? |
- material defects |
- standard requriements |
|
– Does the sales contract require any |
|
contract is concluded? |
- How is it made sure that buyer |
|
- permits for special types of contraxts |
|
form? |
|
- How is payment made? |
acquires free of inscumbrances? |
|
– Who checks the permits? |
|
- Who usually drafts the sales contract? |
|
|
- How is it made sure that buyer |
|
|
|
|
|
|
acquires free of existing leases? |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Austria |
|
sales contract |
escrow account |
check of land register |
statutory liability for all physical defects |
|
|
|
+ registration (constitutive) |
|
|
|
|
|
|
|
|
|
|
|
Belgium |
preliminary contract |
sales contract (notarial act) transfers |
payment during signing of authentic act |
title search (30 years) |
|
|
|
sales contract (notarial act) |
ownership |
|
|
|
|
|
declaratory registration |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
England |
signed and witnessed deed |
registration is the right |
escorw account |
check of land register |
caveat emptor |
|
|
|
|
|
|
|
|
Finland |
Preliminary contracts are valid, if they |
The parties can agree on when transfer |
The parties can agree when and how |
Extracts from the cadastre and title and |
The buyer has to inspect the property |
No standard requirements. |
|
fulfil the statutory formal reguirement. |
of ownership takes place. If the contract |
payment will be made. Usually 1) the |
mortgage register are consulted prior to |
and the seller needs to inform the buyer |
- A permit from the relevant |
|
The sales contract has to meet formal |
does not entail provisions to the |
ownership is transferred at the date of |
the sale |
about any information relevant to the |
|
|
Administrative City Authority is |
|||||
|
contrary, agreement is presumed from |
sale in exchange for full payment: or 2) |
by the parties themselves (if their |
sale. Independent inspectors are often |
||
|
requirements (Code of Real Estate 2:1), |
needed, if the seller is under legal |
||||
|
the contract. |
the transfer of title is conditioned upon |
used, when a used building or apartment |
|||
|
one of which is certification by a notary. |
|
payment in full, which is to happen at a |
drawing up the contract themselves) |
is part of the sale, and their report |
guardianship. |
|
|
|
|
|
||
|
A real estate agent, the parties or a |
|
set date. The seller receives a |
-by the real estate agent (if used) |
regarding existing defects are attached |
- The city or municipality can condition |
|
lawyer (rare in consumer sales). |
|
downpayment. |
-by the notary regarding the seller’s title |
to the contract. If the sold property |
the sale on a building requirement, |
|
|
|
Payment is usually made through bank |
significantly differs from what has been |
when selling unbuilt land. |
|
|
|
|
prior to confirming the sale |
agreed upon a defect in quality exists |
|
|
|
|
|
transfer. |
|
- The parties can condition the sale on |
|
|
|
|
|
for which the seller is liable up to five |
||
|
|
|
|
|
issue of a permit. |
|
|
|
|
|
|
years from the transfer of possession. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
- the municipality in which the real |
|
|
|
|
|
|
estate is situated has a stautory pre- |
|
|
|
|
|
|
emption right in some sales. |
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register
France |
preliminary contract: promesse |
sales contract (notarial act) transfers |
Payment has made at the time of the |
Before concluding the contract, the |
hidden defects only |
Before concluding the contract, the |
|
unilatérale du vente (unilateral) or |
ownership |
contract. |
notary researches: |
|
notary |
|
compromis de vente (bilateral) |
declaratory registration |
– Either buyer pays cash to seller |
- all changes of property for the last 30 |
|
- researches the certificat d’urbanisme, |
|
– writing is sufficient |
|
(seldom). |
years |
|
- asks for the necassary permits. |
|
The sales contract itself requires notarial |
|
– Normally buyer gives the notary a |
- seller’s marital status |
|
|
|
|
bank guaranteed check. After registra- |
- existing leases. |
|
|
|
|
act for registration only. |
|
|
|
||
|
|
tion, the notary pays to seller. |
|
|
|
|
|
|
|
|
|
|
|
|
notary (sometimes two notaries, one for |
|
|
|
|
|
|
seller, one for buyer) |
|
|
|
|
|
|
|
|
|
|
|
|
Germany |
no preliminary contract |
transfer requires: |
Payment is made after the contract. |
check of land register |
statutory liability for all physical defects |
For the sale of residential property: |
|
invalid, if not in notarial act (§ 311b |
- agreement on transfer of ownership |
Usually, payment is made by bank |
(Before concluding the contract, the |
( §§ 434 ss., 442 BGB) |
Municipality must state that it does not |
|
(Auflassung, (§ 925 BGB) |
notary researches only seller’s |
|
have or use a right to buy (§ 28 |
||
|
BGB) |
transfer after the notary certifies that: |
|
|||
|
- registration (§ 873 BGB) |
registration as owner). |
|
BauGB). |
||
|
|
- priority notice is registered for buyer, |
|
|||
|
notary |
|
|
|
|
|
|
Application for registration is made |
- notary has got all documents for |
|
|
For agricultural land: GrdStVG |
|
|
|
|
|
|||
|
|
only after payment is effected |
erasing existing encumbrances, |
|
|
Former GDR: GVO |
|
|
|
- notary has got all necessary permits. |
|
|
Notary advises the parties, if a permit |
|
|
|
A notarial instrument is enforceable |
|
|
|
|
|
|
|
|
might be necessary. |
|
|
|
|
only if there is an explicit submission to |
|
|
|
|
|
|
enforcement |
|
|
|
|
|
|
|
|
|
|
Greece |
sales contract (notarial act, art. 369 CC) |
sales contract (notarial act, art. 369 CC) |
|
title search |
|
|
|
|
+ agrrement on transfer of ownership |
|
|
|
|
|
|
(notarial act, art. 1033 CC) |
|
|
|
|
|
|
+ registration (constitutive) |
|
|
|
|
|
|
|
|
|
|
|
Ireland |
signed and witnessed deed |
registration is the right |
escorw account |
check of land register |
caveat emptor |
|
|
|
|
|
|
|
|
Italy |
preliminary contract |
sales contract (notarial act) transfers |
payment during signing of authentic act |
title search |
statutory liability for all physical defects |
|
|
sales contract (notarial act) |
ownership |
|
|
|
|
|
declaratory registration |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Luxembourg |
preliminary contract |
sales contract (notarial act) transfers |
payment during signing of authentic act |
title search (30 years) |
|
|
|
sales contract (notarial act) |
ownership |
|
|
|
|
|
declaratory registration |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Netherlands |
sales contract |
sales contract |
escrow account |
title seach |
|
notary checks debts with apartment |
|
|
+ agrrement on transfer of ownership |
|
|
|
coowners |
|
|
|
|
|
|
|
|
|
(notarial act, art. 3:31 BW) |
|
|
|
|
|
|
+ registration (constitutive) |
|
|
|
|
|
|
|
|
|
|
|
Poland |
preliminary contract |
sales contract (notarial act) transfers |
payment during signing of authentic act |
check of land register |
|
|
|
sales contract (notarial act) |
ownership |
or escorw account |
|
|
|
|
declaratory registration |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Portugal |
preliminary contract |
sales contract (notarial act) transfers |
|
check of land register |
statutory liability for all physical defects |
|
|
sales contract (notarial act) |
ownership |
|
|
(art. 911 ss. CC) |
|
|
declaratory registration |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Scotland |
signed and witnessed deed |
registration is the right |
escorw account |
check of land register |
caveat emptor |
|
|
|
|
|
|
|
|
Spain |
preliminary contract |
sales contract (notarial act) transfers |
payment during signing of authentic act |
check of land register |
hidden defects only (art. 1484 ss. CC) |
notary checks debts with land taxes |
|
sales contract (notarial act) |
ownership |
|
|
|
|
|
declaratory registration |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sweden |
sales contract |
sales contract transfers ownership |
payment during signing of sales contract |
check of land register |
statutory liability for all physical defects |
|
|
|
declaratory registration |
(e.g. in bank) |
|
|
|
|
|
|
|
|
|
|
Switzerland |
sales contract (Art. 216 OR, 657 ZGB) |
sales contract |
|
check of land register |
|
|
|
|
+ application (unilateral) for transfer of |
|
|
|
|
|
|
ownership |
|
|
|
|
|
|
+ registration (constitutive) |
|
|
|
|
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register
Sale of a House or Apartment by the Building Company (Vente d‘immeuble à construire/Bauträgervertrag)
Country |
Terminus technicus |
Conclusion of Contract: |
Payment due |
Security for Termination of the |
Warranties for material Defects |
|
Statutory Basis |
- form |
|
Building |
|
|
|
|
|
||
|
|
- preliminary contract |
|
|
|
|
|
- waiting period |
|
|
|
|
|
- right to withdrawal |
|
|
|
|
|
|
|
|
|
Europe |
No uniform standard |
Notarial act or written form is required |
Normally payments in instalments |
In most countries there are no |
In most countries, the buyer has a claim |
|
|
or common |
according to the progress of the |
mandatory guarantees or insurances |
only against the builder. |
|
|
Preliminary contract in accordance with |
building. |
providing for claims against third |
In a number of countries, the seller has |
|
|
the general law of conveyancing |
In a number of countries down |
parties |
to procure adequate security (Belgium, |
|
|
Mandatory guarantees or insurances in |
|||
|
|
Waiting period or right to withdrawal is |
payments are common. |
France, Spain, Sweden). |
|
|
|
|
respect of the completion of the |
|
|
|
|
exceptional |
Often the balance is paid on completion. |
In England, Scotland or the Netherlands |
|
|
|
building and/or repayment in France, |
|||
|
|
|
|
Belgium and Spain. |
there is a guarantee under the NHBC or |
|
|
|
|
the GIW, if builder is member |
|
|
|
|
|
|
|
|
|
|
|
|
|
Austria |
Bauträgervertrag |
Written form |
§ 10 BTVG: payment in instalments |
(Alternative) possibility to deposit a |
Claims against third parties, if the |
|
BTVG (Bauträgervertragsgesetz 1997) |
No preliminary contract |
according to the state of construction |
bank guarantee with the escrow agent |
builder goes bankrupt or warrant claims |
|
|
(§ 8 BTVG) |
cannot be brought forward against him |
||
|
|
|
|
||
|
|
No waiting period |
|
|
(§ 16 BTVG) |
|
|
No general right to withdrawal |
|
|
|
|
|
|
|
|
|
Belgium |
Law „Breyne“ of 7/9/1971 (Wet tot |
No particular form required |
Payment in instalments according to the |
Seller has to provide a security of 5 % |
Mandatory insurance |
|
regeling van de woningbouw en de |
Preliminary contract |
state of construction |
or 100 % depending on whether he is |
|
|
verkoop van te bouwen of in aanbouw |
|
„recognised“ |
|
|
|
|
|
|
||
|
zijnde woningen) |
No waiting period or right to |
|
|
|
|
Royal Decree of 10/21/1971 |
withdrawal |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
England |
No special provisions apply |
No particular form required |
Payment of deposit and balance on |
No mandatory guarantee or insurance |
Buildmark warranty, if builders are |
|
NHBC may provide for protection |
No preliminary contract |
completion |
Buildmark warranty under NHBC |
members of the NHBC |
|
|
|
|||
|
|
No waiting period or right to |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
Finland |
Housing Transactions Act 1994, as |
Written form |
Payment in instalments according to the |
Under the RS-system the founding |
Only claims against the builder |
|
amended 1997 |
No preliminary contract |
state of construction |
shareholder has to put up security for |
|
|
|
|
the benefit of individual share buyer |
|
|
|
|
|
|
|
|
|
|
No waiting period |
|
|
|
|
|
No right to Withdrawal |
|
|
|
|
|
|
|
|
|
France |
Vente d’immeuble à construire |
Notarised deed |
Vente à terme: payment is due after |
VEFA: builder has to provide a surety |
Mandatory insurance policy |
|
Art. 1601-1, 1642 CC |
Preliminary contract |
construction is finished |
(garantie d’achèvement or garantie de |
|
|
|
remboursement). |
|
||
|
C Constr Hab (Code de la Construction |
|
Vent en l’état futur d’achèvement |
|
|
|
Seven-day let-out clause after |
|
|
||
|
et de l’Habitation) |
(VEFA): payment in installments |
|
|
|
|
conclusion of preliminary contract or |
|
|
||
|
|
according to the state of construction |
|
|
|
|
|
before signing the notarial deed |
|
|
|
|
|
(usual in practice) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register
Germany |
Bauträgervertrag |
Notarial act (§ 311b BGB) |
§ 3 MaBV: payment in instalments |
§ 3 MaBV: only claim against the |
§ 3 MaBV: only claims against the |
|
MABV (Maklerund Bauträger- |
No preliminary contract |
according to the state of construction |
builder |
builder |
|
(usual in practice) |
|
|
||
|
verordnung) |
|
§ 7 MaBV: repayment by bank if |
§ 7 MaBV: bank surety may be used, if |
|
|
Consumer has to get draft 2 weeks |
§ 7 MaBV: full payment may be agreed |
|||
|
|
contract is rescinded |
defects claimed at termination of the |
||
|
|
before concluding the contract (§ 17 |
|||
|
|
upon if builder provides a bank surety |
|
building at latest |
|
|
|
par. 2a BeurkG) |
|
||
|
|
Combination of §§ 3 and 7 MaBV: A |
|
|
|
|
|
No right to withdrawal |
|
|
|
|
|
bank surety is required for payment in |
|
|
|
|
|
|
|
|
|
|
|
|
installments, if there is not yet a priority |
|
|
|
|
|
notice for buyer in the land register |
|
|
|
|
|
|
|
|
Greece |
No special rules apply at present |
Notarial act |
Payment in instalments according to the |
No mandatory guarantee or insurance |
Only claims against the builder |
|
|
No preliminary contract |
state of construction common |
|
|
|
|
|
|
|
|
|
|
No waiting period or right to |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
Italy |
No special rules apply at present |
Written form |
All kinds of payments occur |
No mandatory guarantee or insurance |
Only claims against the builder |
|
|
Preliminary contract |
|
|
|
|
|
No waiting period or right to |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
Netherlands |
Art. 7:765-770 BW |
Written form |
Payment in instalments according to the |
No mandatory guarantee or insurance |
GIW guarantee, if builders are members |
|
GIW may provide for protection |
No preliminary contract |
state of construction (Art. 7:767, 7:768 |
Guarantee under GIW |
|
|
BW) |
|
|||
|
|
|
|
|
|
|
|
Right to withrawal within 3 days |
|
|
|
|
|
|
|
|
|
Poland |
Art. 9 Law on the Ownership of |
Notarial deed |
Payment in instalments according to the |
No mandatory guarantee or insurance |
Only claims against the builder |
|
Premises; Law on Housing Co- |
No preliminary contract |
state of construction common |
|
|
|
operatives of 12/15/2000 |
|
|
|
|
|
|
|
|
|
|
|
|
No waiting period or right to |
|
|
|
|
|
withdrawel |
|
|
|
|
|
|
|
|
|
Portugal |
Decree Law 267/94 of 10/25/1994; Art. |
Written form |
Down payment and balance paid in the |
No mandatory guarantee or insurance |
Only claims against the builder |
|
29 Decree Law 12/2004 of 01/09/2004; |
Preliminary contract |
moment of acceptance |
|
|
|
Art. 1225 CC |
|
|
|
|
|
|
|
|
|
|
|
|
No waiting period or right to |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
Scotland |
No special provisions apply |
No particular form required |
Payment due on the date of entry |
No mandatory guarantee or insurance |
Buildmark warranty, if builders are |
|
NHBC may provide for protection |
No preliminary contract |
|
Buildmark warranty under NHBC |
members of the NHBC |
|
|
|
|||
|
|
No waiting period or right to |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
Spain |
ley n° 57/68 (27.7.1968) |
Preliminary contract |
Down payment and balance paid on the |
Guarantee of repayment (Art. 2 ley n° |
Mandatory insurance in respect of |
|
decreto n° 515/89 (21.4.1989) |
No waiting period or right to |
execution of the notarial act |
57/68) |
substantial defects |
|
ley n° 38/99 (5.11.1999) |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sweden |
§§ 51-61 Consumer Services Act |
No particular form required |
Payment in instalments according to the |
Insurance under standard contract ABS |
Mandatory insurance in respect of |
|
|
No preliminary contract |
state of construction common |
95 |
construction, material used and repair |
|
|
|
|
costs |
|
|
|
|
|
|
|
|
|
No waiting period or right to |
|
|
|
|
|
withdrawal |
|
|
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register
Mortgages
Country |
Types of mortgages |
accessory or non-accessory |
Formal requirement |
Effect of registration |
Certificated mortgage |
Transfer |
|
statutory source |
(or relaxed accessoriness) |
|
|
(letter right) |
|
|
|
|
|
|
|
|
Austria |
|
accessory |
certificate of signature |
constittutive |
|
constittutive registration |
|
|
|
(for registration only) |
|
|
|
|
|
|
|
|
|
|
Belgium |
hypothèque |
accessory |
authentic act |
opposability |
|
opposability |
|
|
|
|
|
|
|
Czech Republik |
|
accessory |
certificate of signature |
constitutive |
|
constittutive registration |
|
|
|
(for registration only) |
|
|
|
|
|
|
|
|
|
|
Denmark |
|
accessory |
|
opposability |
|
opposability |
|
|
|
|
|
|
|
England/Wales |
legal mortgage |
accessory - „all moneys claim“ |
signed and witnessed deed |
constitutive |
|
in practice rarely any transfer |
|
equitable mortgage |
|
|
(for legal mortgage) |
|
(out of fear of doctrine of |
|
|
|
|
|
|
consolidation) |
|
|
|
|
|
|
|
Estonia |
|
non-accessory |
|
constitutive |
|
constittutive registration |
|
|
|
|
|
|
|
Finland |
|
accessory |
|
opposability |
|
opposability |
|
|
|
|
|
|
|
France |
hypothèque |
accessory |
authentic act |
opposability |
|
opposability |
|
|
|
|
|
|
|
Germany |
accessory Hyptothek (§§ 1113-1190 BGB) |
both types: accessory and non accessory |
certificate of signature |
constitutive |
Briefgrundschuld |
registration required for |
|
non-accessory Grundschuld (§ 1191-1198) |
|
(for registration only) |
|
(§ 1116 BGB) |
Buchgrundschuld (§ 1154) |
|
|
|
(in practice mostly authentic act) |
|
|
transfer of certificate required |
|
|
|
|
|
|
|
|
|
|
|
|
|
for Briefgrundschuld |
|
|
|
|
|
|
|
Greece |
ipothiki |
accessory |
|
constitutive (art. 1260 CC) |
|
constittutive registration |
|
|
|
|
mere prenotation used for |
|
|
|
|
|
|
some types of loans |
|
|
|
|
|
|
|
|
|
Hungary |
|
both types: accessory and non accessory |
certificate of signature |
constitutive |
|
constittutive registration |
|
|
|
(for registration only) |
|
|
|
|
|
|
|
|
|
|
Ireland |
|
accessory |
signed and witnessed deed |
opposability |
|
opposability |
|
|
|
|
|
|
|
Italy |
|
accessory |
authentic act |
constitutive |
|
opposability |
|
|
|
|
(for limited rights only) |
|
|
|
|
|
|
|
|
|
Luxembourg |
hypothèque |
accessory |
authentic act |
opposability |
|
opposability |
|
|
|
|
|
|
|
Netherlands |
|
accessory |
authentic act |
constitutive |
|
|
|
|
|
|
|
|
|
Poland |
|
accessory |
authentic act |
constitutive |
|
opposability |
|
|
(proposed law for non-accessory mortgage) |
|
(for limited rights only) |
|
|
|
|
|
|
|
|
|
Portugal |
hipoteca |
accessory |
authentic act |
opposability |
|
opposability |
|
articles 686 - 732 CC |
|
|
|
|
|
|
|
|
|
|
|
|
Scotland |
|
accessory |
signed and witnessed deed |
opposability |
|
opposability |
|
|
|
|
|
|
|
Slovakia |
|
accessory |
certificate of signature |
constitutive |
|
constittutive registration |
|
|
|
(for registration only) |
|
|
|
|
|
|
|
|
|
|
Slovenia |
|
both types: accessory and non-accessory |
certificate of signature |
constitutive |
|
constittutive registration |
|
|
|
(for registration only) |
|
|
|
|
|
|
|
|
|
|
Spain |
|
accessory – also for current account |
authentic act |
constitutive |
|
opposability |
|
|
|
|
(for mortgages only) |
|
|
|
|
|
|
|
|
|
Sweden |
|
accessory - also for promissory note |
|
opposability |
|
opposability |
|
|
|
|
|
|
|
Switzerland |
|
non accessory |
authentic act |
constitutive |
Schuldbrief |
constittutive registration |
|
|
|
|
|
(certificated mortgage) |
letter right: |
|
|
|
|
|
|
|
|
|
|
|
|
|
transfer of certificate |
|
|
|
|
|
|
|
EUI, Real Property Law in Europe – Land Register